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Victor Hosea Masai alias Robert Masai v. Republic

(2019) JELR 95267 (CA)

Court of Appeal  •  Criminal Appeal 84 of 2017  •  6 Jun 2019  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



1. The appellant, Victor Hosea Masai alias Robert Masai, was charged and convicted of the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were that on the night of 29th August 2009, at Kapsoya Gardens, Eldoret Town in the then Uasin Gishu District, within the then Rift Valley Province, jointly with others not before the court, while armed with pangas and rungus, he robbed Rohit Keshauji Shah of cash Kshs 20,000.00 and two Nokia mobile phones valued at Kshs 16,000.00, all stolen goods valued at Kshs 36,000.00, and at or immediately before the time of such robbery threatened to use actual violence to the said Rohit Keshauji Shah.

2. It was Rohit’s evidence that he was a shopkeeper at Eldoret Town and on the night of 29th August, 2009, he and his family were asleep. At about 2.00 am he heard some noise and woke up and saw some spot lights. He realized that intruders had broken into their home. The intruders…

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